P SRINIVASA MURTHY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) In these two writ petitions filed by 22 residents of Peddapalem village, Tenali Taluk, Guntur District, the orders of the Government in G.O.Ms. No. 1195 General Administration (General-A) Department dated 13-12-1971, and G.O.Ms. No. 407 General Administration (General-A) Department dated 3-4-1972, and the proceedings No. D. Dis. 2491/72 dated 25-3-1974 of the Collector and District Magistrate, Guntur are being challenged

(2.) The relevant facts are as follows :- Peddapalem is a hamlet of Chinapalem village in Tenali Taluk. The Superintendent of Police, Guntur sent up a report on 8-7-1971 to the Collector and District Magistrate, Guntur that the Peddapalem village was ridden with factions between Harijan (madiga Christian) Community and the Kamma Community, and that the Kamma group was supported by Sri P. Sriramulu, Ex.-MLA, whereas the Harijan group was supported by Sri V. Satyanarayana, Ex-A.P. Minister and a Member of Parliament, and that political rivalries existed between the two groups. One P. Srinivasa Murthy the first petitioner in W.P. No. 301/76 was the leader of the Kamma group and one Mikkilineni Venkateswara Rao alias Pitchayya was the leader of the Harijan group. After the elections to the Emani Panchayat Samithi held on 18-7-1970 in which P. Sriramulu was defeated by one Bonthu Gopala Reddy of Munnangi, a staunch supporter of Sri V. Satyanarayana, the feelings between the Kammas and Harijans became strained. There were also ill-feelings between the Kammas and Harijans over allotment of house sites to the Harijans over allotment of house sites to the Harijans. The Kammas were not engaging the Harijans for agricultural operations in their fields and they were engage coolies from other villages. Thus the feelings between the two communities became so bitter, they were afraid of each other. The leaders and their followers were desperate and dangerous characters and they were often indulging in acts of violence, rowdyism, arson and mischief and there was threat to public peace and tranquillity. There were a number of criminal cases registered against both the parties Proceedings under S. 107 Cr.P.C. were of no avail and despite the presence of the A.R. party and the local police, the situation in the village was tense and explosive and both parties were frequently coming to clash whenever an occasion arose. The village was in a disturbed state and feelings between the two groups were getting strained day by day and the sanctioned strength of Duggirala Police Station was quite inadequate to afford protection to the villagers and to maintain law and order. The Superintendent of Police, Guntur, therefore, proposed that additional police consisting of one Sub-Inspector. One Head Constable and 10 Police Constables should be quartered in the village for a period of six months. The Inspector General of Police agreed with these proposals and forwarded the same to the Government by his letter dated 22-10-1971. The Government accepted the proposals and issued an order G.O.Ms. No. 1195 General Administration (General-A) Department dated 13-12-1971 under S. 15(1) of the Police Act, 1861 (hereinafter called the Act) sanctioning the quartering of additional police force at Peddapalem village for a period of six months from 15-12-1971 and this additional police force was continued up to 14-9-1972. By G.O. Ms. No. 407 dated 3-4-1972, the Government passed an order directing that the cost of the additional police quartered in Peddapalem village should be borne by 60 members of the A-party and 61 members of the B-party mentioned in the Annexure to the said order, who were inhabitants of the said village and exempting all other inhabitants of the area comprised in Peddapalem village and further directing that the cost should be borne by the aforesaid persons in accordance with the apportionment to be made by the Magistrate under sub-section (4) of S. 15 of the Act. The cost of quartering additional police force at Peddapalem village for the period from 15-12-1971 to 14-9-1972 came to Rs. 42,068-53 Ps. Thereafter the Collector and District Magistrate, Guntur issued proceedings in his D. Dis. 2491/72 dated 25-3-1974 apportioning the said cost between the members of the A-party and B-party after obtaining the particulars of land and house properties of each member of A-party and B-party. Aggrieved by the said order, two sets of petitioners belonging to the A-party have filed these two writ petitions challenging the orders of the Government in G.O.Ms. Nos. 1195 and 407 and the proceeings of the Collector and District Magistrate apportioning the cost between the members of the A-party and B-party.

(3.) These two writ petitions were heard by Kuppuswami, Acting Chief Justice and Seetharama Reddy, J. before whom, the following contentions were urged : (1) The order in G.O.Ms. No. 1195 dated 13-12-71 declaring the area comprised within Peddapalem village as being in a disturbed state and sanctioning the quartering of additional police force was in contravention of S. 15 of the Police Act, 1861, and that no reasons were given for quartering additional police and it was not a speaking order and, therefore, it was liable to be set aside. (2) G.O.Ms. No. 407 directing that the cost of the additional police force stationed at Peddapalem should be borne by the members of the A-party and B-party mentioned in the Annexure therein was arbitrary and capricious and made without notice to the affected parties and was violative of the principles of natural justice and infringed the rights of the petitioners under Art. 14 of the Constitution. (3) The proceedings of the Magistrate apportioning the compensation between the persons mentioned in the Annexure were ultra vires the provisions of S. 15 and violative of the principles of natural justice, as the affected parties were not given any notice or opportunity to disprove the statements regarding the particulars of properties, alleged to be owned or possessed by each of the said persons.